Section 1432 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
1432
. (a) No licensee shall discriminate or retaliate in any manner
against any complainant, or any patient or employee in its long-term
health care facility, on the basis or for the reason that the
complainant, patient, employee, or any other person has presented a
grievance or complaint, or has initiated or cooperated in any
investigation or proceeding of any governmental entity relating to
care, services, or conditions at that facility. A licensee who
violates this section is subject to a civil penalty of no more than
ten thousand dollars ($10,000), to be assessed by the director and
collected in the manner provided in Section 1430.
(b) Any attempt to expel a patient from a long-term health care
facility, or any type of discriminatory treatment of a patient by
whom, or upon whose behalf, a grievance or complaint has been
submitted, directly or indirectly, to any governmental entity or
received by a long-term health care facility administrator or any
proceeding instituted under or related to this chapter within 180
days of the filing of the complaint or the institution of the action,
shall raise a rebuttable presumption that the action was taken by
the licensee in retaliation for the filing of the complaint.
(c) Any attempt to terminate the employment, or other
discriminatory treatment, of any employee who has presented a
grievance or complaint or has initiated, participated, or cooperated
in any investigation or proceeding of any governmental entity as
specified in subdivision (a), and where the facility or licensee had
knowledge of the employee's initiation, participation, or
cooperation, shall raise a rebuttable presumption that the action was
taken by the licensee in retaliation if it occurs within 120 days of
the filing of the grievance or complaint, or the institution of the
action.
(d) Presumptions provided for in subdivisions (b) and (c) shall be
presumptions affecting the burden of producing evidence as provided
in Section 603 of the Evidence Code.
(e) Where the civil penalty assessed is one thousand dollars
($1,000) or less, the violation shall be issued and enforced in the
same manner as a class "B" violation, except in no case shall the
penalty be trebled. Where the civil penalty assessed is in excess of
one thousand dollars ($1,000), the violation shall be issued and
enforced in the same manner as a class "A" violation, except in no
case shall the penalty be trebled.
(f) Any person who willfully violates this section is guilty of an
infraction punishable by a fine of not more than ten thousand
dollars ($10,000).
(g) A licensee who violates this section is subject to a civil
penalty or a criminal fine, but not both.
(h) Each long-term health care facility shall prominently post in
a facility location accessible to staff, patients, and visitors
written notice of the right to request an inspection pursuant to
Section 1419, the procedure for doing so, including the right to
remain anonymous, and the prohibition against retaliation.
(i) For purposes of this section, "complainant" means any person
who has filed a complaint, as defined in Section 1420.